Category Archives: FAQs

What are the residency requirements to file for divorce in New York?

What are the residency requirements to file
for divorce in New York?

In order to file an action for divorce, separation, or annulment in New York, residency requirements must be met in order for the court to hear your case. You must meet one of the following requirements: (1) you were married in New York and either you or your spouse is a resident of New York when the action is commenced, and one of you has been a resident for a continuous period of one year immediately preceding the commencement of the action; or (2) you and your spouse have resided in New York as husband and wife and either you or your spouse is a resident of the state when the action is commenced, and has been a resident for a continuous period of one year immediately preceding, or (3) the cause of action (grounds for the divorce, separation or annulment) occurred in the state and either party has been a resident of the state for a continuous period of at least one year immediately preceding the commencement of the action, or (4) the cause of action occurred in the state and both parties are residents of the state at the time of the commencement of the action, or (5) either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. (Domestic Relations Law Sections 230 and 231)

What are the grounds for divorce in New York?

What are the grounds for divorce in New York?

  1. The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.
  2. The abandonment of the plaintiff by the defendant for a period of one or more years.
  3. The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.
  4. The commission of an act of adultery.
  5. The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.
  6. The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement.
  7. Irretrievable breakdown in relationship for a period at least six months (commonly known as “no-fault divorce”).

When is a Prenuptial Agreement Appropriate?

When is a Prenuptial Agreement Appropriate?

Entering into a prenuptial agreement is a personal decision couples contemplating marriage must make. Generally speaking, a prenuptial agreement is indicated when one or both partners have children from a prior marriage, when parties desire to keep their finances separate, or when one or both partners are involved in family businesses. Many times people with a high net worth believe they need a prenuptial agreement to keep their pre-marital assets separate, although that is not always the case. A consultation with an attorney can help you decide if a prenuptial agreement is appropriate in your individual case.

Cases in Family Court and Supreme Court

Cases in Family Court and Supreme Court

All child support and custody matters involving children born to unmarried parents will be heard in Family Court. However, spousal support and child support matters may be heard by Family Court in the case of married parents. Family Court cannot adjudicate a divorce case.

All actions for divorce, separation or annulment will be heard by the Supreme Court of the State of New York (a trial court, and not the highest court in the State, despite what it sounds like).

Who Needs a Will?

Who Needs a Will?

  • Married Parents
  • Unmarried Parents
  • Single Parents
  • Parents who are registered as domestic partners
  • Gay Parents residing in New York
  • Gay or Domestic Partners without children

What is a Living Will?

What is a Living Will?

A living will states your wishes for the kind of life-sustaining medical care or intervention you do or do not want. It is important to think about these decisions now, in the event you become terminally ill or unable to communicate.

What Is a Health Care Proxy?

What Is a Health Care Proxy?

A health care proxy assigns an agent to make medical decisions on your behalf in the event you are unable to do it for yourself. The proxy you select should be capable of understanding medical information, able to handle stress, be someone you trust to advocate your wishes and someone who will keep your best interests in mind.